Central Counties Tourism “Plan. Share. Win.” Contest Official Terms and Conditions
(otherwise identified in this document as “The Rules” or “these Rules.”)
NO PURCHASE NECESSARY TO ENTER OR WIN. PURCHASE DOES NOT IMPROVE CHANCES OF WINNING. THE FOLLOWING CONTEST IS VALID IN THE PROVINCE OF ONTARIO, CANADA, AND IS OPEN ONLY TO QUALIFIED PERSONS (AS DEFINED IN THE RULES BELOW). VOID ELSEWHERE AND WHEREVER PROHIBITED. DO NOT PARTICIPATE IN THE CONTEST IF YOU DO NOT FALL WITHIN THE ELIGIBILITY REQUIREMENTS AS SET FORTH BELOW.
CONTEST NAME: Central Counties Tourism “Plan. Share. Win” Contest (the “Contest”).
CONTEST DATES: Contest is scheduled to begin at 12:00:01 am ET on Thursday July 6, 2017, and ends on Sunday September 10, at 11:59:59 pm ET (the “Contest Period”). The Contest is subject to all applicable federal, provincial and local laws and regulations and is void outside Ontario, Canada, and where prohibited.
1. WHO MAY ENTER:
Contest is open to legal residents of Ontario only, who have reached the age of majority in the province of Ontario as of their date of entry. The following persons are not eligible to enter or win: employees (and those who reside in employees’ households whether related or not), officers and directors of Central Counties Tourism (“Sponsor”), its parent companies, affiliates, subsidiaries, distributors, retailers, printers, advertising and promotion agencies, and any and all other companies associated with the design or execution of this promotion (collectively, the “Contest Parties” or “Releasees”).
2. HOW TO ENTER:
No purchase necessary.
You can enter the Contest during the Contest Period at http://www.yorkdurhamheadwaters.ca by fully completing one customized itinerary (adventure) in the following categories: Artsy Fartsy, Adventure Seekers, Family Fun, Foodie Fanatics and reading and agreeing to the Official Contest Terms and Conditions Agreement as indicated by clicking on the opt-in indicator beside the “I have read and agree to the official contest terms and conditions agreement.” You will be required to complete all of the steps in order to reach the “Share and Win” page. Once there, you will be required to share your itinerary on Facebook with the hash tag #visitYDH in order to be eligible to win. Alternatively, you can enter by emailing your itinerary to firstname.lastname@example.org with the subject line “Plan. Share. Win. Contest.” Once you have shared your completed adventure/itinerary, you have registered an official “Entry” and you become an “Entrant.” Once emailed, the itinerary becomes the property of Central Counties Tourism and the “Entrant” waives all legal, creative and copy rights.
If you are randomly chosen as a potential winner, the Central Counties Tourism marketing department will contact you by email. We will also confirm that you accept and agree to be legally bound by the terms and conditions of these Official Rules and Regulations.(the “Rules”).
If you do not respond to the marketing department within five (5) business days, a new potential winner will be randomly selected.
There is a limit of 4 entries per person/email addresses during the Contest Period. All Entries are subject to verification at any time. The Sponsor reserves the right, in its sole and absolute discretion, to require proof of identity and/or eligibility (in a form acceptable to the Sponsor — including, without limitation, government issued photo identification) to participate in this Contest. Failure to provide such proof to the satisfaction of the Sponsor in a timely manner may result in disqualification. The sole determinant of the time for the purposes of a valid Entry in this Contest will be the Contest server machine(s).
By submitting an Entry, you agree that the Entry is entirely original and the creation of the entrant and complies with all conditions stated in these rules. The Releasees will bear no legal liability regarding the use of your Entry and the Releasees shall be held harmless by you in the event it is subsequently discovered that you have departed from or not fully complied with any of these rules.
There will be one Grand Prize awarded to the “Contest Winner.”
The grand prize:
$1000.00 (CDN) travel voucher certificate to be applied towards a travel adventure in the regions of York, Durham and Headwaters Ontario (RTO 6, Central Counties Tourism). All businesses selected by the “Contest Winner” must be members of Central Counties Tourism and are listed on yorkdurhamheadwaters.ca at the time of redemption. Businesses include: accommodations, resorts, golf, attractions, restaurants and are subject to availability. The “Contest Winner” and the “Central Counties Tourism marketing department” will work together to book the selected experiences. The $1000.00 (CDN) must be used for one complete booking/adventure. The “Contest Winner” is responsible for all expenses greater than $1000.00. The “Contest Winner” is also responsible for all transportation to and from the regions of York, Durham and Headwaters.
Prize must be accepted as awarded and is not transferable or convertible to cash and is subject to availability. No substitutions except at Sponsor’s option. Sponsor reserves the right, in its sole and absolute discretion, to substitute the Prize(s) or a component thereof with a prize of equal or greater value, including, without limitation, but at Sponsor’s sole and absolute discretion, a cash award. Prize(s) will only be awarded to the eligible entrant whose valid Facebook identity/Name and email as appears through the official Contest entry method.
Only one (1) Prize will be awarded. Please allow 4-6 weeks for delivery of prizing. Prize is valid until August 31, 2018.
4. SELECTION PROCESS — PRIZE WINNER(S):
On Friday, September 16, 2017 (the “Selection Date”) at 2:00 pm ET in Markham, Ontario one (1) Prize winners will be randomly selected from amongst the Entrants by the Sponsor and/or its representatives.
The Sponsor, or its designated representative(s) will make five (5) attempts to contact the potential Prize winner(s) by email (using the information provided at the time of sending the private message) within five (5) business days of the Selection Date. If the potential Prize Winner(s) cannot be contacted within five (5) attempts or five (5) business days as outlined above (whichever occurs first), or there is a return of any notification as undeliverable; then he/she will be disqualified (and will forfeit all rights to the Prize) and the Sponsor reserves the right, in its sole and absolute discretion, to select an alternate Finalist to be the potential Prize winner (in which case the forgoing provisions of this section shall apply to such new eligible Prize winner).
Before being confirmed as a winner, the Prize winner(s) will be required to correctly answer a mathematical skill-testing question (unaided), sign and return, within ten (10) business days of notification the Sponsor’s declaration and release form, which (among other things): (i) confirms compliance with these Rules; (ii) acknowledges acceptance of the Prize as awarded; (iii) releases the Releasees from any and all liability in connection with this Contest, his/her participation therein and/or the awarding and use/misuse of the Prize or any portion thereof; (iii) assigns all intellectual property, including copyright, in and to his/her Entry and waives his/her moral rights therein in favour of the Sponsor; (iv) agrees to indemnify the Releasees against any and all claims, damages, liabilities, costs, and expenses arising from use of his/her Entry, including without limitation, any claim that his/her Entry infringes a proprietary interest of any third party (v) agrees to the publication, reproduction and/or other use of his/her name, address, voice, statements about the Contest and/or photograph or other likeness without further notice or compensation, in any publicity or advertisement carried out by or on behalf of the Sponsor in any manner whatsoever, including print, broadcast or the internet.
If the selected entrant: (a) fails to answer the skill-testing question, (b) fails to return the properly executed Contest documents, within the specified time; and/or (c) cannot accept the Prize for any reason; then he/she will be disqualified (and will forfeit all rights to the Prize) and the Sponsor reserves the right, in its sole and absolute discretion, to select an alternate eligible entrant from among the remaining eligible finalists. Upon receipt of the completed winner document(s), winner(s) will be contacted to make Prize delivery arrangements.
Failure to collect or properly claim the Prize in accordance with these rules will result in forfeiture of the Prize. If forfeited for any reason, winner will not receive any other prize substitution or compensation.
5. ADDITIONAL RULES & RESTRICTIONS
By participating in this Contest, entrants agree to abide by and be bound by these Rules and the decisions of the Sponsor and/or its representatives, which shall be final in all matters relating to this Contest. In the event an entrant wins a prize and is later found to be in violation of these Rules, he/she will be required to forfeit the prize or to reimburse Sponsor for the stated value of the prize if such violation is discovered after winner has used the prize. False, fraudulent or deceptive Entries or acts shall render entrants ineligible for the prize, in the discretion of the Sponsor.
By participating, entrants agree to hold all Releasees harmless from any claims, losses, actions, or damages of any kind, whether actual, incidental or consequential, for injury (including but not limited to death), damages, losses or expenses arising out of or relating to an entrant’s participation in this Contest, or the acceptance, possession or use/misuse of the prize, or participation in prize-related activities (including but not limited to travel or activity related thereto), and to assume all liability therefore. The Releasees make no warranty, guaranty or representation of any kind concerning any prize and disclaim any implied warranty.
Releasees shall not be liable to winner or any other person for failure to supply the prize or any part thereof by reason of any acts of God, any actions, regulations, orders, or requests by any governmental entity, equipment failure, terrorist acts, war, fire, unusually severe weather, embargo, labour dispute or strike, labour or material shortage, transportation interruption of any kind, or any other cause.
Participants are restricted to use of ordinary and typical computer equipment and Internet access. Sponsor disclaims all liability for the inability of a participant to complete or continue an Entry due to equipment malfunction, busy lines, inadvertent disconnections, acts beyond the Sponsor’s control, or otherwise. The Sponsor disclaims any liability for failure to receive Entries due to technical difficulties or transmission errors. The Sponsor disclaims all liability for any delays, mis-delivery, loss, or failure in the delivery of any item sent by mail, courier, express, electronic transmission, or other delivery method. Releasees are not responsible for mechanical, technical, electronic, communications, telephone, computer, hardware or software errors, malfunctions or failures of any kind, including: failed, incomplete, garbled or delayed transmission of online entries, traffic congestion on telephone lines, the Internet or at any website or lost or unavailable network connections which may limit an online entrant’s ability to participate in the Contest, and any injury or damage to entrant’s or any other person’s computer related to or resulting from participating in or downloading any information necessary to participate in the Contest. Releasees are not responsible for any other errors of any kind, whether computer, technical, typographical, printing, human or otherwise, relating to or in connection with the Contest, including, without limitations, errors which may occur in connection with the printing or advertising of this Contest, administration or execution of the Contest, the conducting of the prize drawing, the cancellation of any element of a prize, the processing of entries or in the announcement of the prize or prize winner.
In the event of a dispute regarding who submitted an Entry, Entries will be deemed to have been submitted by the authorized account holder of the email address submitted at the time of entry. “Authorized account holder” is defined as the person who is assigned an email address by an internet provider, online service provider, or other organization (e.g. business, educational institute, etc.) that is responsible for assigning email addresses for the domain associated with the submitted email address. An entrant may be required to provide proof (in a form acceptable to the Sponsor — including, without limitation, government issued photo identification) that he/she is the authorized account holder of the email address associated with the selected Entry.
The Sponsor reserves the right, to withdraw, amend or suspend this Contest (or to amend these Rules) in any way, in the event of an error, technical problem, computer virus, bugs, tampering, unauthorized intervention, fraud, technical failure or any other cause beyond the reasonable control of the Sponsor that interferes with the proper conduct of this Contest as contemplated by these Rules. Any attempt to deliberately damage any website or to undermine the legitimate operation of this Contest in any way (as determined by Sponsor in its sole and absolute discretion) is a violation of criminal and civil laws and should such an attempt be made, the Sponsor reserves the right to seek remedies and damages to the fullest extent permitted by law. The Sponsor reserves the right to cancel, amend or suspend this Contest, or to amend these Rules, without prior notice or obligation, in the event of any accident, printing, administrative, or other error of any kind, or for any other reason.
The Sponsor reserves the right, in its sole and absolute discretion, and without prior notice, to adjust any of the dates and/or timeframes stipulated in these Rules, to the extent necessary, for purposes of verifying compliance by any entrant or Entry with these Rules, or as a result of technical problems, or in light of any other circumstances which, in the opinion of the Sponsor, in its sole and absolute discretion, affect the proper administration of the Contest as contemplated in these Rules.
All intellectual property used by the Sponsor in connection with the promotion and/or administration of the Contest, including, without limitation, all trade-marks, trade names, logos, designs, promotional materials, web pages, source code, drawings, illustrations, slogans and representations are owned (or licensed, as the case may be) by the Sponsor and/or its affiliates. All rights are reserved. Unauthorized copying or use of any such intellectual property without the express written consent of its owner is strictly prohibited.
In the event of any discrepancy or inconsistency between the terms and conditions of these English Rules and disclosures or other statements contained in any Contest-related materials, including, but not limited to: the Contest entry form, and/or point of sale, television, print or online advertising; the terms and conditions of these English Rules shall prevail, govern and control.
IN CASE OF DISPUTES: Except where prohibited by law, by participating, each entrant agrees that (1) any and all disputes, claims, and causes of action arising out of or in connection with this Promotion, or prize awarded, shall be resolved individually, without resort to any form of class action; (2) any and all claims, judgments, and awards shall be limited to actual out-of-pocket costs incurred, including costs associated with entering this Promotion, and in no event will entrant be entitled to receive attorneys’ fees or other legal costs; and (3) under no circumstances will entrant be permitted to obtain awards for, and entrant hereby waives all rights to claim, punitive, incidental, and consequential damages, and any other damages, other than for actual out-of-pocket expenses, and any and all rights to have damages multiplied or otherwise increased.
Intellectual Property: All Entries become the property of the Sponsor. By entering this contest you hereby irrevocably assign, to the extent possible by law, all rights and interest in the Entry, if any, including all copyright, to Sponsor and waive all moral rights therein in favour of Sponsor. In the event the above assignment of any rights you retain in an Entry is not valid for any reason, you hereby irrevocably grant Sponsor a worldwide, royalty-free non-exclusive license to use the Entry in any manner and in any media throughout the world, including for any and all promotional purposes, in perpetuity, and waive all moral rights therein in favour of Sponsor.
Email Address: By agreeing to the Terms and Agreements, the entrant is automatically opting in to the monthly York Durham Headwaters Tourism e-newsletter, which outline special offers, events and promotions in the region. The Entrant, may opt-out at any time by clicking the “unsubscribe” link located on the e-newsletter or contacting email@example.com.
Sponsor: This “Contest” is sponsored by Central Counties Tourism. Any questions, comments or complaints regarding the Contest must be directed to the Sponsor.
CENTRAL COUNTIES TOURISM, ITS AFFILIATES AND ANY DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, CONTRACTORS, SUBCONTRACTORS OR AGENTS OF THE FOREGOING, INCLUDING ANY EDITORIAL ADVISORS, SHALL NOT, UNDER ANY CIRCUMSTANCES, BE LIABLE FOR CONSEQUENTIAL, INCIDENTAL, INDIRECT, SPECIAL, EXEMPLARY OR PUNITIVE DAMAGES, OF ANY KIND, OR ANY OTHER DAMAGES WHATSOEVER, WHETHER BASED ON WARRANTY, CONTRACT, TORT, STRICT LIABILITY, PATENT OR COPYRIGHT INFRINGEMENT, OR ANY OTHER LEGAL THEORY, INCLUDING WITHOUT LIMITATION, THOSE RESULTING FROM LOSS OF USE, DATA OR PROFITS, WRONGFUL DEATH, BUSINESS INTERRUPTION AND WHETHER RESULTING FROM THE USE OR INABILITY OF USE OF ANY CONTENTS OF THIS OR ANY FACEBOOK PAGE (OR A WEBSITE LINKED TO THIS OR ANY FACEBOOK PAGE), OR ANY OTHER CAUSE AND EVEN IF CAUSED BY THE NEGLIGENCE OF CENTRAL COUNTIES TOURISM OR ITS AFFILIATES, OR IF CENTRAL COUNTIES TOURISM OR ITS AUTHORIZED REPRESENTATIVE HAVE BEEN APPRISED OF THE LIKELIHOOD OF SUCH DAMAGES OCCURRING, OR BOTH. THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU TO THE EXTENT THAT APPLICABLE LAW PROHIBITS THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. IN ANY EVENT, THE TOTAL LIABILITY OF CENTRAL COUNTIES TOURISM, ITS AFFILIATES AND ANY DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, CONTRACTORS, SUBCONTRACTORS OR AGENTS OF THE FOREGOING TO YOU HEREUNDER SHALL NOT EXCEED YOUR ONLINE CHARGES FOR ACCESSING THIS WEBSITE. ALL RIGHTS NOT EXPRESSLY GRANTED HEREIN ARE RESERVED BY Central Counties Tourism.
Please address any questions to firstname.lastname@example.org with the subject line “Plan. Share. Win.” Contest Question.